In order to register a trademark, an application in the form TM-A must be filed to the Trademarks Registry. In addition, the specified fees must be paid. One should maintain track of the trademark's status since there are times when the applicant may need to take action to ensure expedited registration. This article elaborates the process of checking the status of your trademark application in India
How to Check the Status of a Trademark in India
Visit the official site of the government for trademark applications: http://ipindiaonline.gov.in/eregister/eregister.aspx to register.
On the left-hand side of the screen, pick the first option, ‘Trade Mark Application/Registered Mark.’ Two options are available there. Click on the National IRDI Number.
You must provide the trademark application number. And enter the captcha code. After you’ve entered all of your information, click ‘View’.
Further, the website will show you the status of your application.
Several sorts of trademark status:
It is critical to comprehend what each sort of status means in regard to the application in order to choose the appropriate course of action in the case of a new programme.
1. New Application
The status ‘New Application’ indicates that the application has recently been received for further review. This stage signifies the beginning of the application process. Additionally, it has yet to be thoroughly examined.
2. Sent to the Vienna Codification
The Vienna Code Classification is a globally recognised standard for logos and their components. Similarly, the Code is determined by the nature of the logo’s figurative parts.
3. Formalities check pass
The Trademark Registry accepts all of the initial/preliminary materials provided with the application at this stage of the trademark. In other words, there are no issues with the documents that have been presented thus far.
4. Formalities check to fail
The status will be interpreted as ‘Formalities Check Fail’ if the Trademark Registry detects any flaws or discrepancies with the papers that were initially supplied with the application by the applicant.
5. Exams are marked
If the trademark obtains a ‘Formalities Check Pass’ after an initial round of checks, it will be submitted to a Trademark Examiner, who will examine all of the papers as well as the application to verify it is complete in all respects.
It signifies that the examiner has expressed some concerns about the trademark and its registration. Moreover, the examination report must be responded to within a month of its issue in this circumstance, barring which, the trademark status will be changed to ‘Refused.’
7. Refused or abandoned
The examiner will stamp the application as ‘Refused or Abandoned’ if he is not satisfied with the response to the Examination Report or even after a Show Cause Hearing.
8. Advertised before accepted
In some circumstances, the trademark status displays ‘Advertised before Accepted.’ Likewise, this indicates that the Trademark Registrar is still undecided regarding the trademark’s nature.
9. Accepted and advertised
The Trademark Registrar is happy with the character of the trademark at this point and hence authorizes it to be registered in the Trademark Journal since it is unique enough to be recognised as a trademark.
The general public has 3-4 months after the trademark is announced and published in the Trademark Journal to reply in terms of trademark opposition. Further, any opposition filed after the time limit has expired will be ignored. During that period the status is reflected as ‘opposed’
The applicant might opt to contest the opposition case if the trademark status is ‘Opposed.’ Likewise, if the applicant decides not to pursue the lawsuit, he or she might withdraw the trademark application voluntarily. Therefore, the trademark’s status will be ‘Withdrawn.’
The Trademarks Registry issues a certificate of registration to the applicant against his or her application once the trademark application has been approved through the ‘Accepted and Advertised’ stage. At the same time, the status on the webpage is updated.
The trademark can be withdrawn from the Trademark Journal if it has not been used for five years following the issuing of the Trademark Registration Certificate, or if the trademark owner forgets to renew the trademark registration. ‘Removed’ should be the status at this time.
- A Complete Rundown on Trademark Registration Status
- Benefits of Trademark Registration
- Which DSC is Required for Trademark Registration?